On August 3, 2015, less than one month after the introduction of the original bill, the Pittsburgh City Council passed an amended bill requiring virtually all employers within the city to provide paid sick leave. Pittsburgh is the second Pennsylvania city to approve a paid sick leave measure this year, following Philadelphia’s enactment of the Promoting Healthy Families and Workplaces Ordinance in February 2015.1 With the passage of this bill, which Mayor Bill Peduto intends to sign, Pittsburgh will become the 20th major city2 to mandate that the majority of its employers provide paid sick leave to employees, joining California, Connecticut, Massachusetts and Oregon, and a number of major localities.3
Articles About Pennsylvania Labor And Employment Law.
Philadelphia Mandatory Sick Leave Law Effective May 13
Philadelphia has become the seventeenth city in the United States to require that employers provide paid sick leave to their employees. The law, signed by Mayor Michael Nutter on February 12, 2015, applies to Philadelphia businesses with at least 10 employees. Employers who already provide employees with paid leave that meets the minimum paid sick leave accrual standards and other requirements will not have to change their policies or provide additional leave time. The law goes into effect on May 13, 2015, 90 days after signing.
Philadelphia Enacts Paid Sick Leave Ordinance
Executive Summary: On February 12, 2015, the Philadelphia City Council passed, and Mayor Michael A. Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance (“Ordinance”). With this Ordinance, Philadelphia becomes the latest in a long list of municipalities,[1] in addition to the states of California, Connecticut, and Massachusetts, which have passed laws mandating paid sick leave for employees.
Philadelphia Enacts Paid Sick Leave Ordinance for Virtually All Employers
After seven years and two previous vetoes, on February 12, 2015, Philadelphia City Council passed, and Mayor Michael Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance (“the Ordinance”) with a May 13, 2015 effective date. With this action, Philadelphia becomes the 17th major city1 to mandate that most employers provide paid sick leave to employees, joining several municipalities in neighboring New Jersey, as well as the states of California, Connecticut and Massachusetts.
The Old (Law) is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law to Challenge Background Check Decisions
In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. § 9125, as another avenue to challenge employer hiring decisions.1 Thus, Pennsylvania employers should remember to ensure compliance with this law if they reject applicants with criminal records.
Philadelphia Extends Protections to Nursing Mothers in the Workplace
Under an ordinance signed on September 3, 2014, Philadelphia now requires public and private employers to provide reasonable accommodations to employees who need to express breast milk. Philadelphia employers must provide employees paid (if otherwise available to the employee) or unpaid break time to express milk as well as a private, sanitary space that is not a bathroom to express milk. The ordinance exempts an employer from these requirements only if they pose an “undue hardship.” The ordinance is an amendment to Philadelphia’s Fair Practices Ordinance (Chapter 9-1100), and is effective immediately.
Pennsylvania Court Enforces Forum Selection Clause in Franchise Non-Compete Against Florida-Based Defendant, and His Non-Signatory Wife
In yet another example of an increasing willingness to enforce properly-drafted forum selection clauses in non-compete disputes, a federal judge in the Eastern District of Pennsylvania recently denied a motion to dismiss and motion for transfer of venue brought by the former franchisee defendants, a husband and wife. AAMCO Transmissions, Inc. v. Romano, No. 13-5747 (E. D. Penn. Aug. 21, 2014).
Pennsylvania Opinion Highlights Need to Ensure Appropriate Geographic Scope and to Lay Groundwork for Protecting Interest in Specialized Training in Noncompetes
In Peter Zimmerman Architects, Inc. v. Toates, No. 3022 EDA 2013 (Aug.19, 2014), a firm specializing in custom, residential architecture sought to enforce a noncompetition agreement against a former employee and the new architectural firm he founded. As written, the noncompete would have prevented the former employee from (1) participating in the business of residential architecture for three years within an area extending 25 miles from the company’s office and (2) engaging in residential architecture for the renovation or new construction of one-of-a-kind properties for five years. The latter restriction had no geographic limit.
Pennsylvania Superior Court Holds Continued Employment Not Sufficient Consideration for Non-Compete
In a case of “first impression”, The Superior Court of Pennsylvania has ruled that a restrictive covenant entered into after employment has already commenced is unenforceable if not supported by separate valuable consideration. Socko v. Mid-Atlantic Systems of CPA, Inc., No. 1223 MDA 2013.
Claims in Pennsylvania Lawsuit Alleging En Masse Defection of Employees as “Sabotage” Survive Dismissal
A U.S. District Judge in the Eastern District of Pennsylvania has allowed several claims to proceed to trial following a motion for summary judgment by defendants in Ozburn-Hessey Logistics, LLC v. 721 Logistics, LLC, et al, No. 12-0864 (April 4, 2014). The allegations in the case go beyond the typical defection of an employee or two to join a competitor.
Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014
On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century Minimum Wage and Benefits Standard,1 this law is not limited to city employees or contractors, but instead applies to all employers and employees working within the City. The new Notice is a plain-language explanation of the January 20, 2014 amendments to the City’s Fair Practices Ordinance which impose a duty on employers to accommodate employees “affected by pregnancy,” regardless of whether they are disabled.
Pennsylvania Court Upholds Choice of Law Provision in Non-Solicitation Case Involving California Employee
In another example of out-of-state employers utilizing choice of forum and choice of law provisions to bind California employees to restrictive covenants, the Pennsylvania Superior Court recently held that a Pennsylvania choice of law and forum clause was enforceable as against a California resident.
Pennsylvania Supreme Court Changes Labor Market Survey Rules
The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville Hospital v. WCAB (Shoap), the court ruled that evidence that a claimant applied for, but was ultimately not hired for, positions identified in the Labor Market Survey is allowable to show the positions are “not available” under Section 306 (b)(2) of the Pennsylvania Workers Compensation Act (the Act). Thus, the claimant’s application for the jobs and the availability of the positions is now an issue that must be addressed.
Pennsylvania Set to Enact Healthcare Provider Benevolent Gesture Bill
Pennsylvania’s Governor Tom Corbett has announced that he will sign the “benevolent gesture” bill after the legislation received unanimous support from lawmakers. The law permits health care providers, including hospitals, long-term care facilities and physicians, to offer a “benevolent gesture” (i.e., an apology) to patients, their family members or representatives without worrying that the gesture might be used against them in future litigation. The bill is widely touted as a method to encourage open communication between patients and physicians, as well as a way to reduce the number of medical malpractice actions.
City of Philadelphia Expands Protections for Lesbian, Gay, Bisexual and Transgender Workers
Philadelphia Mayor Michael Nutter has signed into law an ordinance that significantly enhances the rights and protections afforded the lesbian, gay, bisexual and transgender community and makes Philadelphia the first city in the United States to provide tax incentives for businesses to offer LGBT-inclusive health care.